Negotiations between Worcester, fired police officer break down

WORCESTER — Settlement talks to reinstate a Worcester police officer found to be wrongly dismissed by the city appear to have broken down and a new round of court action has begun.

The New England Police Benevolent Association, Local 911, filed a contempt complaint Aug. 29 in Suffolk Superior Court over the city's failure to reinstate former Officer David W. Rawlston, who was fired after an April 2007 incident in which he allegedly pointed a handgun at three teenagers in his neighborhood.

The city received notice of the court filing Friday, according to City Manager Michael V. O'Brien.

He said the action came as a surprise to the city, without any prior notice or discussion with the union, because settlement discussions were ongoing and the city had agreed to work to determine a portion of back payment wages.

Lawyers for the union did not return emails or phone calls seeking comment.

The manager said there had been communications between the two parties as recently as last Thursday.

"It is unclear why this court filing was made while settlement discussions were ongoing," Mr. O'Brien said in an interview Tuesday. "At no time has the (NEPBA) made a formal demand for payment. Given the efforts we have made to resolve this matter, in good faith, we are extremely disappointed by this filing."

Mr. Rawlston was fired in February 2008 after the city alleged that on April 7, 2007, he pointed a loaded handgun at the teenagers that the off-duty patrolman's neighbors said were on his land, and that he struck two of them with the weapon.

But an arbitrator said the teenagers lacked credibility and ordered Mr. Rawlston reinstated.

In June, the state Supreme Judicial Court decided not to intervene in the case.

Mr. Rawlston, meanwhile, filed a lawsuit in 2011 against the city, Police Chief Gary J. Gemme and Mr. O'Brien. He contends they violated his state and federal civil rights, interfered with his contract rights, defamed him and intentionally inflicted emotional distress on him.

The suit seeks $2 million.

Mr. O'Brien said the city and Mr. Rawlston had participated in mediation in recent months and had ongoing settlement discussions in the hope of bringing the matter to a conclusion.

He said the process involved settlement offers that included a path to reinstatement and back-pay. But, the manager added, the settlement offers were rejected last week.

Mr. O'Brien said the city notified Mr. Rawlston's lawyer on Aug. 28 that it will work to prepare payment of the portion of back pay due as a result of the current legal status of the original arbitration case.

"Due process was followed, ensuring that all steps of the judicial process were complete in the original arbitration case," Mr. O'Brien said. "The city has always been and remains prepared to comply with any back wage payments resulting from the original case. We continue to believe that it is in the best interest of all involved to resolve all legal issues and move on."